Law Commission Recommends Compulsory Registration Of Marriages Between NRIs/OCIs And Indian Citizens

The commission noted that there was a worrisome trend of fraudulent marriage involving NRIs and Indian citizens. The commission noted that these marriages, which are conducted on false assurances, misrepresentations, etc ended up causing distress to the Indian partner as it became difficult for the partner to pursue the legal remedy. Financial exploitation and complex legal aspects across multiple jurisdictions added to the difficulties.

“The rising occurrence of fraudulent marriages involving Non-Resident Indians (NRIs) marrying Indian partners is a worrisome trend. Several reports highlight an increasing pattern where these marriages turn out to be deceptive, putting Indian spouses, especially women, in precarious situations. Deceptive practices like false assurances, misrepresentation, and abandonment are commonly associated with these fraudulent unions, causing distress to the Indian partners,”.

The commission, thus, recommended that the NRI Bill 2019 should be comprehensive and be made applicable to all those individuals who come within the definition of Overseas Citizen of India as laid down under Section 7A of the Citizenship Act. The commission thought that the definition must include a maximum number of people and technical specifications arising out of a constricted definition should not be allowed to defeat the purpose of the proposed legislation.

Regarding registration, the commission recommended that any married Indian Citizen who subsequently becomes an NRI/OCI should also mandatorily get his/her marriage registered if not already done. The commission opined that registration helped to make a record and would make the records available to the Ministry of Home Affairs.

Further, to ensure registration and prevent misinformation, the commission recommended incorporating penal provisions in the proposed NRI Bill including suspension of passport and travel documents. It was also recommended that the Passports Act also be amended to ensure mandatory declaration of marital status and linking of spouse's passport with the other. For this, the commission recommended that a separate division within the Ministry of Home Affairs or the Ministry of External Affairs be created which could serve as a registry for NRI marriages.

“The purpose of making the registration of marriage mandatory within 30 days of marriage, in India or abroad, is to ensure that the details of travel documents and the permanent residential address in a foreign country of the NRIs. It will help in acquiring the requisite information to trace the NRI to enable legal action to be taken for enforcement of the rights of the abandoned spouse under the various family laws,”.

The commission said that the details of NRI marriage available with the registry should be made available on the online portal which will also be open for inspection upon applying for the same, The portal shall, however, not be publicly accessible due to the possibility of misuse and other concerns relating to privacy.

The commission also recommended that the legislation should deal with aspects including custody, rehabilitation, child care, etc of the deserted spouse and shall also incorporate the provisions on the jurisdiction of the court, service of summons, etc.

The commission noted that presently, there was a legal lacuna concerning the service of summons, warrants, and judicial documents to NRIs/OCIs living abroad as the same was not addressed in the criminal procedure code. Thus, the commission recommended incorporating provisions to ensure the appearance of defaulting NRI/OCI before the Indian courts in matrimonial matters.

It was also recommended that the domestic courts be given jurisdiction to address and resolve the issues relating to the marriages to ensure fair and just resolution of disputes. For this, the courts could consider the principles of comity and reciprocal arrangements provided under Section 44A of CPC, allowing the courts to treat the foreign decrees with the same enforceability as if they were domestically issued.

Lastly, the commission, highlighting the importance of making people aware of the law, recommended the Government to create awareness programs by engaging with the Indian Diaspora abroad to prevent fraudulent marriages.